Summary: We will not investigate Miss X’s complaint about the Council’s children services actions towards her. We cannot investigate issues in Court proceedings.

The complaint

1. The complainant, whom I shall call Miss X, says the Council’s children services team has not dealt with her fairly.

Back to top

The Ombudsman’s role and powers

2. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
3. The courts have said we can decide not to investigate a complaint about any action by a council concerning a matter which is outside our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

Back to top

How I considered this complaint

4. I considered information provided by Miss X and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Miss X says the Council cares for her child, Y. She says a Court ordered this. She says the Council’s case was not fair. She says the Council had inaccurate reports. She found the Council to be bullying and intimidating. She feels it did not listen to her. She says if the case had been handled differently the outcome may have been different.
7. Miss X complained to the Council. She is not happy with its replies.
8. The Court decided Y’s care. Miss X could explain her case, and why she felt the Council’s case was wrong, to the Court. The Court had the power to order independent assessments. We cannot investigate issues which a Court has considered or decided. And we cannot investigate issues which the Court had the power to control.

Back to top

Final decision

9. We will not investigate Miss X’s complaint because we cannot investigate issues in Court proceedings.

Back to top

Investigator's decision on behalf of the Ombudsman